Case Note & Summary
The applicant, Kishor Tarone, was the administrator of a WhatsApp group. Accused No.1 used filthy language against the non-applicant No.2 (complainant) on the group. The applicant did not remove or delete accused No.1 from the group nor asked him to apologize. Consequently, the applicant was charge-sheeted under sections 354-A(1)(iv), 509, 107 IPC and section 67 of the Information Technology Act, 2000. The applicant filed a criminal application under section 482 CrPC seeking quashing of the charge-sheet and proceedings. The High Court held that there is no vicarious liability in criminal law unless expressly provided by statute. The applicant, as administrator, could not be held liable for the acts of accused No.1 merely for failing to take action. The court noted that the allegations did not make out any offence against the applicant, and continuing the proceedings would be an abuse of process. The court quashed the charge-sheet and the criminal proceedings against the applicant.
Headnote
A) Criminal Law - Vicarious Liability - WhatsApp Group Administrator - Sections 354-A, 509, 107 IPC and Section 67 IT Act, 2000 - The court considered whether an administrator of a WhatsApp group can be prosecuted for offences committed by another member on the group merely because the administrator did not remove or delete the offending member. The court held that there is no vicarious liability in criminal law unless a statute specifically provides for it. The administrator cannot be held liable for abetment or for substantive offences under the IPC or IT Act for inaction alone. (Paras 5-8) B) Criminal Procedure - Inherent Powers - Quashing of Proceedings - Section 482 CrPC - The court exercised its inherent powers to quash the charge-sheet and criminal proceedings against the applicant, as the allegations did not disclose any offence against the administrator. The court found that continuing the proceedings would be an abuse of process of law. (Paras 9-10)
Issue of Consideration
Whether a WhatsApp group administrator can be held criminally liable for offences under sections 354-A, 509, 107 IPC and section 67 of the Information Technology Act, 2000 for not removing or deleting a member who used abusive language against another member on the group.
Final Decision
The court allowed the application and quashed the charge-sheet No.26 of 2016 and Regular Criminal Case No.177 of 2016 pending before the Judicial Magistrate First Class, Arjuni-Morgaon, District Gondia.
Law Points
- Criminal liability of WhatsApp group administrator
- vicarious liability
- abetment
- section 354-A IPC
- section 509 IPC
- section 107 IPC
- section 67 IT Act
- section 482 CrPC
- inherent powers of High Court
